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1. The plaintiff's main claim is dismissed.
2. The defendant indicated the annexed drawing among the 6,055 square meters of land B in Young-gu, Young-gu.
Reasons
1. Basic facts
A. On March 12, 2010, the Plaintiff entered into a sales contract with the Defendant with the content that: (a) the Plaintiff shall purchase the amount of KRW 8.5 billion for the purchase price as to the amount of KRW 48,636 square meters of land C in Yeongdeungpo-gu, Young-gu (hereinafter “B forest before division”); (b) KRW 48,427 square meters of forest land B (hereinafter “B forest before division”); and (c) KRW 26,876 square meters of D forest land (hereinafter “D forest before division”); and (d) on the same day, the Plaintiff shall purchase the down payment amount of KRW 20 million; (b) the intermediate payment of KRW 65,00 million on April 12, 2010; and (c) the remainder of KRW 7.65,650 million on September 13, 2010, respectively.
B. On July 9, 2010, the following: (a) B forest was divided into 33,542 square meters of the land in Yeongdeungpo-gu Seoul Special Metropolitan City (hereinafter “C forest”) and 15,094 square meters of the E forest (hereinafter “E forest”); (b) B forest land is not less than 6,055 square meters of B forest (hereinafter “B forest after division”) and F forest land is not less than 20,687 square meters (hereinafter “F forest”); (c) G forest is not less than 21,685 square meters (hereinafter “G forest”); and (d) D forest was divided into 16,696 square meters of the forest (hereinafter “D forest after division”) and H forest and 10,180 square meters of the forest (hereinafter “H forest”).
C. When a new sales contract was required with regard to the parcel number of land divided according to the aforementioned division of land, the Plaintiff entered into a sales contract with the Defendant on June 10, 2010, with regard to the purchase price of KRW 15,094 square meters (E forest part) out of C forest land before the division on June 10, 2010 and KRW 21,685 square meters (G forest part) out of B forest land before the division on June 10, 201 (hereinafter “the first sales contract”).
(2) On August 14, 2011, the Plaintiff entered into a sales contract with respect to the shares of 589/20,687 out of C forest land and F forest land after the split-off on October 19, 2010, and entered into a sales contract with respect to each real estate on October 20, 2010, and completed each registration of ownership transfer in the Plaintiff’s future with respect to each of the aforesaid real estate on October 20, 201, and the shares of 20,098/21,685 and H forest land on January 14, 201 with respect to the shares of 20,098/21,685 out of F forest land and H forest land on February 2, 202.